1. High Demand: The United States is one of the most sought-after destinations for travel, work, study, and migration. The high demand means a large number of applications, which can lead to backlogs.

2. Security Concerns: Post 9/11, the U.S. visa process has become more stringent to ensure national security. Every visa application undergoes rigorous security checks to prevent potential threats from entering the country.

3. In-depth Adjudication Process: Each visa application is carefully reviewed. The reviewing officer ensures that the applicant meets all requirements for the visa category and will not become a public charge or violate visa conditions.

4. In-Person Interview Requirement: Most visa categories require an in-person interview. Given the large number of applications and the limited number of consular officers, there can be significant wait times just to get an interview appointment.

5. Documentation & Verification: The U.S. visa process requires multiple documents. In some cases, these documents need further verification, which can take time. For example, certain work visas may need labor certification or verification of job offers.

6. Limited Visa Numbers: Certain visa categories, like the H-1B (work visa) or family-sponsored immigrant visas, have annual caps or limits. Once these caps are reached, even if someone is eligible, they have to wait until the next year’s quota becomes available.

7. Administrative Processing: Sometimes, after the interview, an application might be put on hold for “administrative processing.” This is essentially an additional review which can be due to a variety of reasons, including further security checks, missing documents, or other concerns.

8. Local Factors: The facilities, resources, and staff of U.S. embassies and consulates vary from one country to another. In some countries with higher demand or fewer resources, the processing times can be longer.

9. Policy Changes: Immigration policies can change based on the political climate, national security concerns, or other factors. Any sudden change can lead to increased processing times as staff adapt to new procedures.

10. Special Cases: Certain countries or situations might be flagged for more intense scrutiny due to concerns about potential security risks, fraud, or other issues.

It’s important to note that while the visa process can be long and daunting, it is designed to ensure the safety and security of the U.S. while still facilitating legitimate travel, study, and migration. Always consult with immigration experts or check the U.S. embassy or consulate website for the most accurate and up-to-date information on visa processing times and requirements.

About Our Immigration Law Firm

At BestImmigrationLawyer.com, immigration is all that we do, and we do it well. No matter how simple or complex an immigration issue is, we can help. For this reason, we’ve been the law firm of choice for numerous individuals and companies seeking excellent immigration representation. Our legal team is adept at handling any issue and works hard to ensure our clients get the best possible legal representation. Call us today or get in touch through this website and let us help you.

The easiest way for Canadians to live and work in the United States is through the E-2 Treaty Investor visa. The E-2 visa is a non-immigrant visa that allows an individual from a treaty country (a country with which the U.S. maintains a treaty of commerce and navigation) to be admitted to the U.S. when they are investing a substantial amount of capital in a U.S. business.

Here’s what it takes to qualify for an E-2 visa:

1. The investor must be a national of a treaty country. Canada is a qualifying country.

2. The investment must be substantial and the investment funds or assets committed must be irrevocable. The investment must be sufficient to ensure the successful operation of the enterprise. While the government does not identify an exact amount that must be invested, $100,000 (US) or more will be sufficient.

3. The investment must be a real operating enterprise, an active commercial or entrepreneurial undertaking. An organization that exists on paper only or which is speculative and/or an idle investment does not qualify.

4. The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be considered an essential employee, employed in a supervisory, executive, or highly specialized skill capacity.

It’s important to understand that an E-2 visa does not directly lead to a green card or U.S. citizenship. Instead, it only allows temporary residency that can be renewed indefinitely, as long as the investment business is maintained.

Bear in mind, the laws and regulations about immigration can change, so it’s best to consult with a legal professional or check with the most recent updates from the U.S. Department of State or the U.S. Citizenship and Immigration Services (USCIS) to get the most accurate and current information.

At BestImmigrationLawyer.com, our firm has helped numerous people successfully navigate American immigration laws. If you’re looking for a good immigration attorney to help you or a loved one, give us a call today or contact us through this website and let us help secure your future.

This month the United States Department of Homeland Security announced that it has designated the nation of Ethiopia for Temporary Protected Status (“TPS”). A country can be designated for TPS if the conditions in that country include armed conflict, environmental disaster or extraordinary conditions that otherwise make life dangerous in that country. What this means in practical terms is that persons from Ethiopia currently residing in the United States as of October 20, 2022 can remain here for 18-months without fear of overstaying a visa or being deported. That 18-month period can be extended if the TPS gets extended. The rationale behind TPS is that persons from nations that have been designated for TPS status cannot return home without being placed in danger and therefore they must be allowed to remain in the United States for a temporary period of time for their protection.

Currently, Ethiopia’s Tigray region has witnessed an ongoing civil war since 2020 that has brought tremendous suffering and danger to the region. In addition to this civil war, the

country is also experiencing food shortages, dangerous environmental conditions and other hardships that make life dangerous. In recognition of this, the Secretary of DHS, Alejandro Mayorkas, recently commented that “Ethiopian nationals currently residing in the U.S. who cannot safely return will be able to remain and work in the United States until conditions in their home country improve.” This news has been met with relief in the Ethiopian community and especially among those facing the prospect of overstaying a visa versus returning home to dangerous conditions.

This is the first time Ethiopia has been designated for TPS. In recent years, other countries such as Venezuela and Ukraine have received TPS designation. To be eligible to benefit from this program, Ethiopians must have continuously resided in the United States since October 20, 2022. Individuals who attempt to travel to the United States after that time period will not be eligible to qualify for TPS protection. In other words, TPS only helps those persons already in the United States at the time the designation is given. As noted earlier, the protection will only extend for 18-months.

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The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you. At BestImmigrationLawyer.com is a premier immigration law firm with over 50 years of combined legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories, with specific offices in Las Vegas, Phoenix and Los Angeles.

There are very few lawyers in the United States with Patrick Lindemann’s unique experience and accomplishments that practice immigration law. If you’re facing immigration issues and you need the best, you’ll want Patrick in your corner. An exceptional lawyer with deep experience and knowledge in the field of immigration law, Patrick is the first choice for client’s facing serious immigration issues. Based upon his professional background and work history, he has the respect of judges and government officials that deal with immigration matters.

Prior to joining BestImmigrationLawyer.com, Patrick spent over a decade with the United States Department of Homeland Security as a Trial Attorney handling nearly every type of immigration case. This unique experience has equipped Patrick to provide outstanding representation to clients dealing with the American immigration system. Whether you’re a business needing help with business immigration issues or you’re an individual facing deportation, Patrick can help. There are few lawyers with his level of expertise and knowledge regarding the immigration court process and system. Because of this, Patrick is often consulted by other lawyers who need help counseling their own clients about immigration matters. Whether your issue involves a bond hearing, a petition for asylum, adjustment of status, a DACA application or citizenship, Patrick and the BestImmigrationLawyer.com are here to help.

In addition to being a great lawyer, Patrick brings a sense of compassion to every case given his own background as the son of an immigrant. Born in France, Patrick’s mother emigrated to the United States after his father petitioned for her to come to America. This personal background makes Patrick sensitive to the needs and concerns of those facing the American immigration system. Immigration law is complex and the process can be stressful. The stakes are very high. For this reason, it’s extremely important to have a highly knowledgeable and competent attorney, such as Patrick, in your corner. Patrick and BestImmigrationLawyer.com pride themselves on providing honest, compassionate, and skilled representation to each client. For this reason, clients across the United States contact the firm everyday for help.

Patrick is a graduate of the University of North Dakota. He received both his undergraduate and law school education there. While at the University of North Dakota law school, he was a member of the prestigious Law Review. After completing law school, Patrick was admitted to practice law in Colorado. He joined the United States Air Force where he spent approximately 20 years as a lawyer handling interesting and important cases. After honorably serving his country in the Air Force, Patrick served as a tenured professor teaching students a variety of subjects, including immigration law. His professional and educational background makes Patrick uniquely qualified to offer a level of insight and representation to clients in immigration matters that are hard to match. If you want the best legal representation, call BestImmigrationLawyer.com today.

EducationJ.D., University of North Dakota B.A., University of North Dakota Jurisdictions Admitted to Practice All 50 States and Territories Professional & Bar Association MembershipsColorado State Bar American Immigration Lawyers Association

This a question that gets asked often and is based upon a certain amount of confusion. The starting point for alleviating the confusion and understanding the key differences between a green card and a visa is understanding that the entire American immigration system is based upon only two categories of persons: immigrants and non-immigrants.

What Is A Visa And Who Can Get One?

A visa, as the term is often used, generally means temporary permission issued to a non-immigrant allowing the person to enter and remain in the United States for a limited period of time with the expectation that the non-immigrant will return to his or her home country prior to the expiration of the visa. For example, students who come to the United States to study, businesspersons who come to transact business for a short period and tourists are all non-immigrants that receive visas. Visas are generally issued at United States Embassies overseas which are part of the United States Department of State.

What Is A Green Card And Who Can Get One?

On the other hand, a person who wants to live in the United States on a permanent basis is given an immigrant visa. Once a person has an immigrant visa, he or she can seek permanent residency in the US by getting a permanent residency card or “green card” issued by the Department of Homeland Security. The card derives its name from the fact that, historically, it’s been green in color. Hence, it came to be known informally as the “green card.” Once an individual is issued an immigrant visa, they can travel to the United States and then apply for a green card. The following persons can apply for a visa and green card at the same time:

• People with immediate relatives who are US citizens living in the US
• Most people applying for employment-based immigration
• An abused spouse or child if the abuser is a US citizen
• Special immigrant juveniles

There are two types of green cards:

1. A conditional resident card (conditional “green card”) lasts for two years and is for foreign investors or spouses of an American citizen who got married less than two years before you received permanent resident status or came to the U.S. on your immigrant visa. A person can’t renew a conditional green card — you have to prove, within 90 days of the card expiring, that you have met the conditions necessary to get a permanent resident card. If you don’t prove this before the card expires, you will no longer have lawful resident status in the United States.
2. A permanent resident card(permanent “green card”) lasts for 10 years. You’ll need to get a new card every 10 years and can submit the paperwork as early as six months before your green card expires. If you let your card expire, your status doesn’t change (so you’re still a permanent resident and won’t be sent home!) but you are breaking the law, because permanent residents are required to carry a valid green card at all times.

Understanding the difference between a visa and a green card requires understanding the difference in categories of persons divided between immigrants and non-immigrants.

CONTACT US TODAY FOR HELP

The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you. At the BestImmigrationLawyer.com, we have over 50 combined years of legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories.

The Immigration Act of 1990 added the “P” class of visa to the Immigration and Nationality Act (INA). The “P Visa” is a non-immigrant, limited duration visa that allows persons with high-profile international careers in sports and the arts or entertainment to compete or perform in the US.

Persons who wish to apply for a P Visa must meet certain qualifications to establish their level of international acclaim and, if approved, are then able to apply for the appropriate P Visa.

Persons traveling to the US on a P Visa may bring certain family members and other specified support personnel. The duration of a P Visa coincides with the activity or event that the P Visa holder has come to the US to participate in.

There Are Different Types of “P Visas”

There are 4 types of P Visas:

P-1 Visa – P-1 Visas are for athletes or entertainment groups.

• P-1A – Internationally recognized athletes
• P-1B – Internationally recognized entertainment groups

P-2 Visa – P-2 Visas are for performers who will perform in the US pursuant to a reciprocal exchange agreement between a US organization and an organization in another country.

P-3 Visa – P-3 Visas admit artists and entertainers who come to the US to participate in events where they share their unique culture so others can better understand and appreciate it.

P-4 Visa – P-4 Visas allow the non-immigrant spouse and children under 21 of P Visa holders to accompany them for the duration of their stay.

Qualifications Necessary to Obtain A “P Visa”

The P Visas allow people who have internationally recognized talents or something considered valuable to share to come to the US and participate in events that showcase their abilities. The qualifications for obtaining a P Visa are about demonstrating international celebrity and providing the appropriate credentials. US Customs and Immigration Services (USCIS) lists the detailed eligibility requirements for each type of P-Visa on its website.

Privileges Granted With A “P Visa”

P-1, P-2, and P-3 Visa holders are able to:

• work for the sponsor of their visa until the event, show, performance is complete
• travel in and out of the US
• get extra time for vacation and to participate in promotional activities
• apply for permanent residency
• be accompanied by ‘essential support’ persons who receive the same visa status
• bring their spouse and children under 21 with P-4 Visas
• have spouses and children attend schools and colleges

Limitations Of A “P Visa”

• P Visas are intended to grant temporary residence in the US and those who obtain P Visas must demonstrate that they intend to leave the US when their performance or event has ended.
• Spouses and children are not allowed to work with a P-4 Visa and must apply for a separate work visa.
• A new P-Visa must be issued when a P-Visa holder changes employer, sponsor or agent.
• Initial periods of stay are no longer than 1 year except for P-1A individual athletes.

Length Of A “P Visa”

Most P-Visas, including those issued for support personnel, are issued for an initial period of up to 1 year or until the particular event, competition or performance is completed. Extensions of stay can be granted in increments of up to one year as necessary.

P-1A Visas for individual athletes are the only P-Visas that can be granted for an initial period of up to 5 years. They can be extended for one additional period of up to 5 years but the total stay is limited to 10 years.

Applying For A “P Visa”

To be an applicant for a P-Visa you must have a US employer, sponsor or agent. Your sponsor will file a Form I-529, Petition of Nonimmigrant Worker, on your behalf along with the appropriate fee and supporting documentation.

The documentation that must be provided with your application includes the following:

• report from a labor organization describing the work you will perform and your qualifications (unless there is no labor organization)
• employment contracts
• description and itinerary of the events you will be participating in
• additional documentation specific to the type of P-Visa you are applying for

If you need a P-Visa it’s best to get your application in as soon as possible. Processing times for a P-Visa can take between 3 to 6 months. Premium processing for an additional fee is supposed to get you an answer about your application within 15 days of submission – but that’s not guaranteed.

CONTACT US TODAY FOR HELP

The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you. At the BestImmigrationLawyer.com, we have over 50 combined years of legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories. We can help you wherever you are.

What you need to know about The L-1 Visa is that it offers a relatively quick solution to employers in the United States with multinational operations who need to bring foreign employees from company affiliates in other countries to America for a limited time. Similarly, foreign companies can also use the L-1 Visa to send employees to the US to start operations. The L-1 Visa is an important part of business immigration because the ability to move non-immigrant employees to the US on a temporary basis is considered essential to economic prosperity.

To qualify for an L-1 Visa, both employers and employees need to meet certain qualifications in order to be eligible for benefits. Employers apply for the visas and there are no limits on how many of the visas an employer can request. The L-1 Visa is able to be extended up to a maximum number of years depending on the type of L-1 Visa that has been authorized.

Types of L-1 Visas

There are two types of L-1 Visas the L-1A and L1B. The main difference between the two visas is the type of employee involved:

L-1A Visas are for employees who work in managerial or executive positions.

• Managerial – an employee having supervisory responsibilities over other employees
• Executive – an employee that has decision-making authority at a high level

L-1B Visas are for employees who have specialized knowledge about the company business.

• Specialized knowledge – an employee with expertise about what the company does which is necessary for operations

Meeting the Qualifications for an L-1 Visa

Both the employer and the employee must meet certain qualifications in order to be eligible for an L-1 Visa.

Employee

• Must have worked for the company at least 1 continuous year during the previous 3 years
• Must be either a manager, executive or have specialized knowledge

US Employer

• Must be a qualifying relationship between the foreign company and the US company
• Must be doing business in the US and at least one other country while the employee is in the US

Foreign Employer

• Must show there is a physical location for the business in the United States
• L1-A – must show the employee was a manager or executive for at least 1 continuous year in the previous 3 years and that the business will support the employee within 1 year
• L1-B – proof of financial ability to pay the employee and begin business

How to Obtain an L-1 Visa

A qualifying employer who wants to transfer a qualifying employee has to file the I-129-Petition for a Nonimmigrant Worker with US Citizen and Immigration Services (“USCIS”). Documentation is required showing the necessary qualifications have been met. Once the information has been obtained and the fees are paid, an interview is scheduled with the employee. If the interview goes well, an L-1 Visa takes about 4-6 months to process. For those who need their visa sooner, there is an option for premium processing that takes a matter of weeks.

The Duration of an L-1 Visa

The length of the L-1 Visa will depend upon which type of L visa was issued. The L-1 Visas issued to employees coming to established US companies have an initial term of 3 years. L-1 Visas issued to employees coming to start businesses in the US have an initial term of 1 year.

• L-1A Visa – Can extend in 2-year increments up to a maximum of 7 years
• L-1B Visa – Can extend in 2-year increments up to a maximum of 5 years

Families of L-1 Visa Employees

The spouse and children under 21 years of the L-1 employee may apply for L-2 Visas to accompany the employee to the US. An L-2 Visa allows a spouse to get a work permit and work anywhere in the US. And those with L-2 Visas can attend school in the US and can travel in and out of the country. The duration of the L-2 Visa will be the same as the employee’s L-1 Visa.

What You Can Do if Your L-1 Visa Petition Is Denied

If the USCIS determines that an employer or employee has not provided adequate evidence that the requirements necessary to issue the L-1 Visa have been met, the visa may be denied. Some of the most common reasons for L-1 Visa denial include the following:

• The employee does not meet managerial, executive or specialized knowledge requirements
• The business projections are not believable or are too different from industry standards
• Documents submitted contain errors or are improperly completed
• The evidence submitted is not convincing enough

The first thing to do following visa denial is to understand why your petition was denied. What was the reason given for the denial? Is the reason valid? If you want to appeal the denial, you can go directly to the Administrative Appeals Office (“AAO”). The disadvantage with this approach is that it tends to take a long time and the AAO rarely overturns the decision of the USCIS.

You may also be able to challenge your denial in federal court. If you can argue that the denial by the USCIS was not logical based on the evidence you provided, you can skip dealing with the AAO and go right to federal court. You’ll need legal advice to determine if your circumstances meet the standard required to go to federal court. This means having a lawyer on your side that’s well-versed in federal court practice.

A faster way to resolve the problem might be to see if there is another type of visa that an employee could qualify for. Again, a good immigration attorney can recommend the best course of action given your particular situation.

Finally, it may be possible to apply for a waiver of your denial. In the case of an L-1 Visa, the denial must contain a recommendation that the waiver be granted in order to be eligible to apply.

A Valuable Type of Business Visa

The L-1 Visa allows employers with multinational operations to bring foreign employees lawfully into the US for a limited time. Having an L-1 Visa petition denied can be frustrating and cause unwanted delays for your business. While it’s possible to appeal the denial of your petition, it’s far more efficient to be extremely thorough when completing the application. Making sure the questions are answered appropriately and proper documentation is attached will reduce the chances of having your petition denied. Working with someone who can guide you through the process and make sure you get everything right the first time can save you two very valuable resources: time and money.

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Having the right immigration lawyer by your side is the first step towards creating a foundation to your future. The immigration laws are complex and constantly changing. Therefore, having a lawyer that is well-versed, skilled, and experienced with immigration laws is not just important, it’s crucial. If you want a better future and the peace of mind in knowing you or a loved one will receive excellent representation, contact us today. At Best Immigration Lawyers, our lawyers are licensed to appear in every immigration court in the country and can represent you anywhere in the United States or overseas. Create a better future, call us today at 702-707-2000.